Matter of United Federation of Teachers, Local 2, AFT, AFL-CIO v Board of Education of the City School District of the City of New York

State: New York

Court: Second Circuit Court of Appeals Clerk

Docket No: 134

Case Date: 11/20/2003

Plaintiff: Matter of United Federation of Teachers, Local 2, AFT, AFL-CIO

Defendant: Board of Education of the City School District of the City of New York

Preview:
Argued October 21, 2003; decided November 20, 2003 Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 298 AD2d 60, reversed.
{**1 NY3d at 75} OPINION OF THE COURT
Opinion by Read, J.

Read, J.
In this appeal we are asked whether an arbitrator acted properly when she determined that respondent Board of Education of the City of New York (the Board) arbitrarily selected teachers [*2]for an after-school reading program, and ordered the Board to provide a position to a qualified applicant whom the principal had passed over. We conclude that the award did not violate public policy and the arbitrator did not exceed her authority under the collective bargaining agreement.
I.
In September 1998 New York City School District 26 posted an announcement for anticipated vacancies in the position of "Per Session Teacher

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